AdwareDollars.com Terms and conditions.
1. Participation in the AdwareDollars.com program.
AdwareDollars.com affiliate application is available at http://AdwareDollars.com/register.php The program may reject your application if it determines (at its sole discretion) that your site is unsuitable for the affiliate program for any reason.
If AdwareDollars.com rejects your application, you may reapply at any time and the application will be reconsidered by the program. You must be at least 18 years of age in order to qualify and participate in the AdwareDollars.com affiliate program.
2. Term of the Agreements.
The term of this Agreement (the "Term") will commence on the date AdwareDollars.com accepts your completed affiliate Program application and will continue in full force and effect until terminated in accordance with this paragraph. Either you or we may terminate this Agreement at any time, with or without cause, by giving the other party notice of termination.
Notice by email, to your email address in our records, is considered sufficient notice for us to terminate this Agreement.
If this Agreement is terminated because you have violated the terms of this Agreement, you will not receive any payments, even for commissions earned prior to the date of termination. If this Agreement is terminated for any other reason, you are only eligible to earn a commission on sales occurring during the term of the Agreement, and commissions earned through the date of termination will remain payable only if the related orders are not cancelled or returned. We reserve the right to withhold your final payment for a reasonable time to ensure that the correct amount is paid.
In case of closedown of operations with AdwareDollars, the last payout may be held back to cover possible chargebacks and refunds of your sales.
3. Restrictions.
We will immediately terminate your participation in our program should you promote our program in any of the following ways:
- Spamming of any sort, meaning the emails sent are not opt-in emails;
- IRC/ICQ/AOL/MSN mass-messaging, and/or newsgroups;
- Your website contains CP, lolitas, rape, incest, zoo;
- Your website contains violence;
- Your website contains illegal activities;
- Your website violates intellectual property rights;
- Attempts to cheat, defraud or mislead us in any way;
- For any other reason deemed to be reasonable by AdwareDollars.
AdwareDollars.com reserves the right to cancel your participation in the affiliate program at any time should your site(s) become involved in any way with the above subjects and/or, but not limited to, mass unsolicited mailings (i.e. spamming) or association with other sites whose content goes against our policies. Such cancellation shall result in the forfeiture of any accumulated unpaid commission.
4. Forms of promotion.
As an affiliate of AdwareDollars.com ("affiliate site"), you may use any form of promotion you choose, consistent with the terms of this Agreement. You may use banner advertisements, button links and/or text links to our site (the "Links"), however, you cannot employ deceptive language or misleading URLs. Also, promoting the Program with unsolicited bulk e-mails (spam) is strictly prohibited. Affiliate site is not allowed to contain any illegal information, files or images.
5. Promotion materials.
AdwareDollars.com grants you the license to promote our program using any of the promotional material found in our members area. You are not allowed to use this material for promotion of other sites/products.
6. Commission.
AdwareDollars rates (sales per day):
1 - 100 sales = $15;
100+ sales = $20
Refunds percentage must be less than 10%.
7. Commission Payment.
We pay once per month: payments are processed on the 1st of each month with no hold.
Our minimum payout is $20 US dollars for online payment systems (Fethard, WebMoney, PayPal), and $500 for Wire Transfer.
- Wire Transfer - $30.00;
- PayPal - 1%;
- Webmoney - 3%;
- Fethard - 0% (Free);
8. Modification.
We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion. Notice of any change will be carried out by e-mail to your address in our records, or by posting a change notice on our site. This is considered sufficient notice for notifying you of a modification to the terms and conditions of this Agreement.
Modifications may include, but are not limited to, changes in the scope of available commission fees, commission schedules, payment procedures, and affiliate program rules. All such modifications shall take effect 48 hours after we serve notice as provided above, unless we indicate otherwise.
9. Relationship of Parties.
You and COMPANY are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency franchise, sales representative, or employment relationship between the parties. You will have no authority to make or accept any offer or representations on our behalf. You will not make any statements, whether on your site or otherwise, that would reasonably contradict anything in this Section. You are not an agent of the COMPANY and COMPANY expressly disclaims responsibility for any conduct by you in violation of our terms of agreement.
10. Limitation of Liability.
AdwareDollars.com will make every effort to keep its websites operational at all times. However, certain technical difficulties may, from time to time, result in temporary service interruptions. The participant agrees not to hold AdwareDollars.com liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the affiliate program.
11. Disclaimers.
We make no express or implied warranties or representations with respect to the affiliate program or any COMPANY services or other items sold through the Program (including, without limitation, warranties of fitness,merchantability, non-infringement, or any implied warranties arising out of the course of performance, dealing, or trade usage).
In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors.
12. Representations and Warranties.
You hereby represent and warrant to us that this Agreement has been duly and validly executed and delivered by you and constitutes your legal, valid and binding obligation, enforceable against you in accordance with its terms; and that the execution, delivery and performance by you of this Agreement are within your legal capacity and power; have been duly authorized by all requisite action on your part; require the approval or consent of no other persons; and either violate nor constitute a default under the (i) provision of any law, rule, regulation, order, judgment or decree to which you are subject or which is binding upon you, or (ii) the terms of any other agreement, document or instrument applicable to you or binding upon you.
Should any law enforcement agency or internet service provider provide COMPANY with notice that you have engaged in transmission of unsolicited bulk e-mails or have otherwise engaged in unlawful conduct or conduct in violation of said service provider's terms of service, we reserve the right to cooperate in any investigation relating to your activities including disclosure of your account information in connection therewith.
13. Confidentiality.
We may disclose to you certain information as a result of your participation as part of the Program, which information we consider to be confidential (herein referred to as "Confidential Information"). For purpose of this Agreement, the term "Confidential Information" shall include, but not be limited to, any modifications to the terms and provisions of this affiliate program agreement made specifically for your site and not generally available to other members of the affiliate program, website, business and financial information relating to COMPANY, customer and vendor lists relating to COMPANY and any members of the affiliate program, other than you.
Confidential Information shall also include any information that we designate as confidential during the term of this Agreement. You agree not to disclose any Confidential Information and that such Confidential Information shall also include any information that we designate as confidential during the term of this Agreement.
You agree not to disclose any Confidential Information and that such Confidential Information shall remain strictly confidential and secret and shall not be utilized, directly or indirectly, by you for your own business purposes or for any other purpose except and solely to the extent that any such information is generally known or available to the public or if same is required by law or legal process.
We make no warranty, expressed or implied, with respect to any information delivered hereunder, including implied warranties of merchantability, fitness for a particular purpose or freedom from patent, trademark or copyright infringements, whether arising by law, custom or conduct, or as to the accuracy or completeness of the information and we shall not have any liability to you or to any other person resulting from your or such third persons use of the information.
14. Identification.
You hereby agree to indemnify, defend and hold harmless COMPANY, its shareholders, officers, directors, employees, agents, affiliates, successors and assigns, from and against any and all claims, losses, liabilities, damages or expense (including attorneys fees and costs) of any nature whatsoever incurred or suffered by us (collectively the "Losses"), in so far as such Losses (or actions in respect thereof) arise out of or are based on (i) any claim or threatened claim that our use of the affiliate trademarks infringes on the rights of any third party; (ii) the breach of any promise, covenant, representation or warranty made by you herein; or (iii) or any claim related to your site.
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY JOINING THIS AFFILIATE PROGRAM YOU ARE STATING THAT YOU HAVE READ AND UNDERSTAND THE TERMS SET FORTH HEREIN AND ARE INDICATING YOUR ACCEPTANCE OF THIS AFFILIATE PROGRAM AGREEMENT AND YOU AGREE TO BE BOUND BY THE TERMS THEREOF.
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